Bill Text: MS HB1189 | 2013 | Regular Session | Introduced

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Bill Title: Easements on public lands; expand Secretary of State's authority to convey for energy products and utilities.

Sponsorship: Partisan Bill (Republican 1)

Status: (Failed) 2013-02-05 - Died In Committee [HB1189 Detail]

Download: Mississippi-2013-HB1189-Introduced.html

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MISSISSIPPI LEGISLATURE

2013 Regular Session

To: Public Property

By: Representative Weathersby

House Bill 1189

AN ACT TO AMEND SECTION 29-1-101, MISSISSIPPI CODE OF 1972, TO EXPAND THE SECRETARY OF STATE'S AUTHORITY TO GRANT EASEMENTS OVER PUBLIC LANDS FOR LINES, FIXTURES AND OTHER TRANSMISSION APPARATUS FOR UTILITY AND ENERGY PURPOSES; TO AMEND SECTION 29-1-103, MISSISSIPPI CODE OF 1972, IN CONFORMITY TO THE PRECEDING PROVISIONS; TO BRING FORWARD SECTION 29-1-105, MISSISSIPPI CODE OF 1972, WHICH PLACES RESTRICTIONS ON THE CONSTRUCTION AND USE OF PIPELINES ACROSS PUBLIC LANDS, FOR PURPOSES OF POSSIBLE AMENDMENT; AND FOR RELATED PURPOSES.

     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

     SECTION 1.  Section 29-1-101, Mississippi Code of 1972, is amended as follows:

     29-1-101.  The Secretary of State, for and on behalf of the state, may convey an easement or easements * * * for the construction and maintenance of pipelines in, on, under, above and across * * * all of theany state land owned * * *(including that submerged or wherever the tide may ebb and flow) now or hereafter acquired, including submerged lands wherever the tide may ebb and flow, but excepting, however, state highway rights-of-way, sixteenth section school land * * * and lieu lands * * *., and forfeited tax land and property the title to which is subject to any lawful redemption, and excepting the state land comprising the old asylum property located in the City of Jackson, property of the Department of Mental Health, the Parchman Penitentiary property located in Sunflower County, Mississippi, and all other Penitentiary property,  The easement or easements may be conveyed to any company, person, association of persons, firm, * * * corporation, governmental entity or utility district, notwithstanding any restriction contained in Section 29-1-75, for constructing * * *, operating * * * and maintaining pipelines, lines, wires, fiber optic and other cables, conduits and appliances, including posts and fixtures, for:

          (a)  The transport or distribution of oil, gas and liquid or gaseous hydrocarbons, including carbon dioxide, and other energy products susceptible to transport by pipeline;

          (b)  The transmission of electricity;

          (c)  The transmission of communications and data;

          (d)  The transmission, distribution and storage of water; and

          (e)  The transmission and disposal of sewage and other wastes. 

     Easements must be granted upon such terms and for such consideration as the Secretary of State deems just and proper * * * and are subject to approval by * * * the Governor * * * and the Attorney General * * *.  Before granting an easement, the Secretary of State must consult with the governing board or commission, or if there is none, with the executive director of the state agency having control and jurisdiction of the land affected by the easement to insure that the location of the easement and the construction, operation and maintenance of pipelines, lines, wires, fiber optic and other cables, conduits and appliances, including posts and fixtures, will not interfere substantially with or impair the use of the land by the state agency.

     SECTION 2.  Section 29-1-103, Mississippi Code of 1972, is amended as follows:

     29-1-103.  No such * * * pipeline, lines, wires, fiber optic or other cables, conduits and appliances, including posts and fixtures, on an easement acquired under Section 29-1-101 shall be  * * * constructed, operated or maintained in a manner to be dangerous to persons or property, nor in a manner to interfere with the common use of public lands * * *.  The owner of any such * * * pipeline, lines, wires, fiber optic and other cables, conduits and appliances, including posts and fixtures, shall be responsible in damages for any injury caused by construction, operation or * * * maintenance of such * * * pipeline, lines, wires, fiber optic and other cables, conduits and appliances, including posts and wires.

     SECTION 3.  Section 29-1-105, Mississippi Code of 1972, is brought forward as follows:

     29-1-105.  The right to construct or use any such pipe line in, on, under, or across land which is submerged or whereover the tide may ebb and flow shall be subject to the following:

          (a)  The paramount right of the United States to control commerce and navigation; and

          (b)  The right of the public to make free use of the waters; and

          (c)  The restrictions and prohibitions contained in Section 81 of the Mississippi Constitution of 1890.

     SECTION 4.  This act shall take effect and be in force from and after July 1, 2013.

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